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Scottish Land Commission 3Rd May 2019

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Scottish Land Commission 3Rd May 2019 ‘’’’’’’’’’ Submission to Infrastructure Commission for Scotland Scottish Land Commission 3rd May 2019 Scottish Land Commission 1 Submission to Infrastructure Commission for Scotland Call for Evidence May 2019 For further information on this response contact: David Stewart Scottish Land Commission, Longman House, Longman Road, Inverness, IV1 1SF Tel: 01463 423317 Email [email protected] Scottish Land Commission 2 1 Executive Summary This response sets out ways that better land use, and better engagement with communities on land use, can help to prioritise infrastructure investments and deliver better places. The response also calls for a broader definition of infrastructure that includes land remediation, green infrastructure and support for active travel. In responding to the consultation, we highlight how Public Interest Led Development (PILD) can be a catalyst for change, delivering more value and better places while supporting investment in infrastructure. The response also highlights how PILD and Land Value Capture can help deliver attractive places and support investment in social infrastructure, making places more attractive to live, helping make them economically competitive and supporting inclusive growth. Our response also shares work by the Scottish Land Commission on Vacant and Derelict Land. A process has been developed to prioritise vacant sites for investment – this could be useful in helping to prioritise infrastructure investment both short term and over a longer period. Finally, we highlight approaches developed by the Scottish Land Commission to engage communities in decisions on land use – our Land Rights & Responsibilities statement and our Community Engagement Protocol – which could be adapted to engage communities in discussions and decisions on infrastructure investment. Scottish Land Commission 3 2 Background and Introduction 2.1 Land is at the heart of Scotland’s identity, economy and communities. The Scottish Land Commission is working to develop a land use system where the way our land is owned is felt to be fair and productive for individuals, communities and Scotland’s economy. 2.2 The Scottish Land Commission have worked on several themes over the last 18 months to 2 years relevant to the work of the Infrastructure Commission of Scotland. These are • Land Value Capture uplift to fund infrastructure • Public Interest Led Development to maximise the benefit from land and improve placemaking on key sites • Vacant & Derelict Land – work on bringing empty sites back into use that includes a process to prioritise sites for investment • Land Use – Land Rights & Responsibilities – good practice principles to underpin decisions on land that could be applied to infrastructure investment • Community Engagement – a Community Engagement Protocol that sets out principles on engagement on land use – the principles could apply to engaging communities on decisions on infrastructure Scottish Land Commission 4 3 Detailed Comments 3.1 We broadly support the definition of infrastructure and the main categories set out as infrastructure – transport and utilities, the built environment and housing, and social infrastructure. 3.2 We suggest, however, that the definition should be broadened to include green infrastructure, land remediation and active transport. All these types of infrastructure can play a role in reducing carbon emissions and in creating more attractive, inclusive places that would improve economic competitiveness (by making Scotland an attractive place to live) and increase inclusive growth and social cohesion. 3.3 Infrastructure as a Catalyst for Change in Place. The Scottish Land Commission has undertaken research on Public Interest Led Development (PILD1). A study found that, where a public authority takes a more pro- active role in planning and shaping a development and providing infrastructure up front, then that infrastructure can be a catalyst for change in a place. The best-known example of PILD in Scotland is the regeneration of Dundee Waterfront, where the city council lead the development, setting out plans and funding the provision of infrastructure up front. This planning and investment proved a catalyst for change in the area, creating significant value that would not have been achieved if the council took a more passive role, leaving the development of the area to be led by the market. The benefits of the pro-active approach include creating a more attractive place (enhancing competitiveness) and promoting inclusive growth. There is also scope to create additional value to fund infrastructure. 3.4 Prioritising Investment in Infrastructure – Vacant & Derelict Land. The consultation raises a question about prioritising investment in infrastructure. The Scottish Land Commission has been leading work on the re-use of Vacant & Derelict Land in Scotland. A Task Force has been set up, with the objective to identify stalled sites that have a significant negative impact on their communities. The group has established criteria to prioritise which sites to invest in from a long list. In addition to creating a tool that can be used to prioritise investment, the Vacant & Derelict Land Task Force is also developing an approach to bring brownfield sites back into use – this would reduce carbon emissions and promote inclusive growth by developing gap sites close to existing infrastructure. 1 Scottish Land Commission (2018) - The Delivery of Public Interest Led Development in Scotland (Tolson & Rintoul) https://landcommission.gov.scot/pub/land-lines-the-delivery-of-public- interest-led-development-in-scotland-a-discussion-paper/ Scottish Land Commission 5 The Task Force will shortly produce a report on the first phase of its work and the Scottish Land Commission would be glad to share this with the Infrastructure Commission for Scotland. It will also be undertaking a second phase of work looking to bring redevelop several priority sites and record learning on approaches to bringing derelict sites back into productive use. We can share this work with the commission once it is complete. 3.5 Using Land Value Capture to Fund Infrastructure and Support Better Placemaking Work by the Scottish Land Commission has found that there is a strong public interest justification for pursuing policies that enable more of the uplift in land values created through the planning system to be used to fund enabling infrastructure2. It is important, however, to learn from historic attempts to harness land value uplift and ensure that the value is captured in a way that maintains incentives for landowners to bring forward sites for development3. To be regarded as fair, any new mechanism for land value capture would need to ensure that landowners whose land is acquired through compulsory purchase receive equivalent compensation to the price that they would receive on the open market. One way to achieve this, while capturing more of the uplift in land value to fund infrastructure, would be to use planning policies and obligations to clearly identify the infrastructure required for a site and ensure that this cost is deducted from the market value. 3.6 Engaging with Communities to Prioritise and Direct Infrastructure Investment A key aspect of the Infrastructure Commission for Scotland’s remit is that it should work in a way which is “Engaging and widely consultative across all of Scotland and civic society.” The Scottish Land Commission has developed a Land Rights & Responsibilities Statement and a Community Engagement Protocol which may be useful in developing an approach that consults with civic society, and with communities, to prioritise investment in infrastructure. 2 Scottish Futures Trust & Scottish Land Commission (2019) Infrastructure Funding Report 3 Scottish Land Commission (2018) An Assessment of Historic Attempts to Capture Land Value Uplift in the UK (Jones et al) https://landcommission.gov.scot/pub/an-assessment-of-historic- attempts-to-capture-land-value-uplift-in-the-uk/ Scottish Land Commission 6 3.6.1 Land Rights and Responsibilities Statement The Land Rights & Responsibilities Statement, published by the Scottish Government, underpins the work of the Scottish Land Commission in supporting change and good practice in land ownership and land use. It highlights the importance of transparency and better community engagement in decisions about land – we believe that the principles could be applied to decisions on infrastructure4. 3.6.2 Community Engagement Protocol The Scottish Land Commission developed a Community Engagement Protocol that should be used by landowners when they are making decisions on land use. The protocol sets out practical advice on how landowners, land managers and communities can work together to make better and fairer decisions about land use, reducing conflicting and assisting innovation5. As with the Land Rights and Responsibilities Statement there is scope for the principles to be applied to decisions on infrastructure. 4 Scottish Government (2017) Land Rights & Responsibilities Statement https://www.gov.scot/publications/scottish-land-rights-responsibilities-statement/ 5 Scottish Land Commission (2019) Community Engagement Decisions Relating to Land https://landcommission.gov.scot/wp-content/uploads/2019/02/SLC-PROTOCOL-1_web- 6.2.19.pdf Scottish Land Commission 7 Over the past 18 months the Scottish Land Commission has been exploring the potential of land value capture, re-use of vacant and derelict land and public interest led development to support development
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